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The U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) recently issued a landmark decision in Lashify, Inc. v. International Trade Commission,¹ expanding what expenditures count to prove the economic prong of the domestic industry requirement, in a move that could significantly impact companies involved in Section 337 investigations before the U.S. International Trade Commission (“ITC”).

On November 29, 2023, the Supreme Court heard oral argument in a critically important administrative law case, Securities and Exchange Commission v. Jarkesy, No. 22-859.